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(영문) 서울동부지방법원 2014.11.07 2014노1220
공무집행방해등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. The lower court found the Defendant guilty of the 2014 Highest 1472 case and sentenced the dismissal of prosecution as to the charge of imprisonment, and the assault of the 2014 Highest 1612 case.

However, as to the conviction portion of the court below, only the defendant appealed on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, so the scope of this court's judgment is limited to the conviction portion of the court below.

B. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Each of the crimes of this case is deemed to obstruct the performance of official duties of the police officer called out after receiving a report that the defendant d who is a custodian of the victim who is demanded to leave the parking lot, such as taking a bath to the extent that he/she is unable to put him/her in his/her arms, and assault him/her to the extent that he/she is unable to put him/her in his/her arms under the influence of alcohol, and at the same time causing an injury, and the nature of the crime and the crime are not good. The defendant is punished by imprisonment with prison labor and one year and six months on August 27, 2009; on March 24, 201; on May 30, 2012; on April 28, 2012, he/she was sentenced to imprisonment with prison labor for not less than two years; on the other hand, he/she was punished against the victim by violence, such as taking advantage of his/her normal character and behavior, etc.; on the other hand, he/she has been sentenced to a relatively less severe punishment for the victim.

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